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Kruger v. Klube

278 A.D. 751 Court N.Y. App. Div. Decision date 1951-03-21 English

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p. 751
Carol A. Kruger, an Infant, by Robert J. Kruger, Her Guardian ad Litem, et al., Appellants, v. Herman Klube, Doing Business under the Name of Williamsville Pharmacy, Respondent, et al., Defendants.

Order reversed on the facts and as a matter of discretion, without costs of this appeal to any party, and motion granted, without costs, on the ground that in a situation such as this where an immature child is the real party in interest, the motion for leave to amend should be granted. All concur. (Appeal from an order denying plaintiffs’ motion for leave to amend their complaint and bill of particulars, in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.